Last Update
Jan 23, 2024
Public offer
Individual entrepreneur Marat Rustamovich Nazargulov, hereinafter referred to as the Administrator, acting on the basis of state registration certificate
№319169000016177 dated 02.02.2019, addresses this Agreement (hereinafter referred to as the Agreement) to any person (an indefinite number of persons) who has expressed their willingness to enter into an agreement for the conditions set out below (hereinafter referred to as the User). This Agreement, in accordance with clause 2 of Art. 437 of the Civil Code of the Russian Federation, is a public offer, the acceptance of the conditions (acceptance) of which is the performance of actions provided for in the Agreement.
1. Definitions
1.1. The terms of the Agreement govern the relationship between the Administrator and the User and contain the following definitions:
1.1.1. Offer - this document (Agreement), posted on the Internet at the address: https://placepeak.framer.website/
1.1.2. Acceptance is complete and unconditional acceptance of the offer by performing the actions specified in clause 3.1 of the Agreement.
1.1.3. Administrator is an Individual Entrepreneur (Marat Rustamovich Nazargulov) who posted the Offer.
1.1.4. User is a legal entity or a legally capable individual who has entered into an Agreement by acceptance on the terms and conditions contained in the Offer.
1.1.5. Internet site is a collection of web pages hosted on a virtual server and forming a single structure, located on the Internet at the address: https://placepeak.framer.website/ (hereinafter referred to as the Internet site).
1.1.6. Content is information presented in text, graphic, audiovisual (video) formats on the Internet site, which is its content. The content of the Internet site is divided into main - user content, and auxiliary - administrative content, which is created and used by the Administrator to facilitate the functioning of the Internet site, including the interface of the Internet site.
1.1.7. Design Template is a page created by the Administrator using the Tilda Publishing or Framer platform (hereinafter referred to as the Site Template) with text and graphic content placed on it for informational purposes. The template is purchased by the User from the Administrator for further use for personal or other purposes.
1.1.8. A simple (non-exclusive) license is the User’s non-exclusive right to use the result of intellectual activity specified in clause 2.1 of the Agreement, with the Administrator retaining the right to issue licenses to other Users.
2. Subject of the Agreement
2.1. This Agreement defines the conditions and procedure for using the results of intellectual activity, including elements of the content of the Website located on the Internet at the address: https://placepeak.framer.website/ (hereinafter referred to as the Website), acquisition Templates, responsibility of the Parties and other features of the functioning of the Internet site and the relationship of Users of the Internet site with the Administrator, as well as with each other.
2.2. The Administrator is the Administrator of the exclusive rights to the Internet site specified in clause 2.1 of the Agreement and the Site Templates created by him, *excluding text and graphic elements* used in the design of Site Templates, owned by third parties.
3. Agreement with the terms of the agreement
3.1. Accession to this Agreement, i.e. the Visitor’s performance of conclusive actions aimed at viewing the pages of the Internet site, using the search engine on the Internet site, sending personal data through the forms of the Internet site, is confirmation of familiarization with the text of this Agreement and unequivocal evidence of unconditional and unconditional acceptance of the terms of this Agreement in full, which is a Public Offer (in accordance with Article 435 and Article 437 part 2 of the Civil Code of the Russian Federation), after which the Visitor is considered as a User, i.e. a person who has entered into an agreement with the Individual Entrepreneur Marat Rustamovich Nazargulov , registered under the legislation of the Russian Federation under the Main State Registration Number of an Individual Entrepreneur №319169000016177 dated 02/02/2019 in contractual relations.
3.2. By taking actions to accept the offer in the manner specified in clause 3.1. Agreement, the User guarantees that he has read, agrees, fully and unconditionally accepts all the terms of the Agreement, and undertakes to comply with them.
3.3. The User hereby confirms that acceptance (taking actions to accept the offer) is equivalent to signing and concluding an Agreement on the terms set out in this Agreement.
3.4. The offer comes into force from the moment it is posted on the Internet at the address https://placepeak.framer.website/agreement-ru (https://placepeak.framer.website/agreement) and is valid until the offer is revoked.
3.5. This Agreement is posted in writing on the Internet site.
3.6. The agreement can only be accepted as a whole (clause 1 of Article 428 of the Civil Code of the Russian Federation). After the User accepts the terms of this Agreement, it acquires the force of an agreement concluded between the Administrator and the User, while such an agreement is not executed as a paper document signed by both Parties.
3.7. The Administrator reserves the right to make changes to this Agreement without any special notice, in connection with which the User undertakes to regularly monitor changes to the Agreement. The new version of the Agreement comes into force from the moment it is posted on this page, unless otherwise provided for in the new version of the Agreement. The current version of the Agreement is always located on the page at the address: https://placepeak.framer.website/agreement-ru (https://placepeak.framer.website/agreement).
4. Rights and obligations of the parties
4.1. The administrator undertakes:
4.1.1. Within 30 (thirty) business days from the date of receipt of the corresponding written notification from the User, on their own and at their own expense, eliminate the shortcomings of the Internet site identified by the User, namely:
— non-compliance of the content of the Internet site with the data specified in clause 2.1 of the Agreement;
— the presence on the Internet site of materials prohibited for distribution by law;
— the presence of materials on the Internet site that are protected by the copyright of third parties.
4.1.2. Refrain from any actions that could impede the User’s exercise of the right granted to him to use the Internet site within the limits established by the Agreement.
4.1.3. Provide information on issues related to working with the Internet site via email. Current email addresses are located in clause 10 of the Agreement.
4.1.4. Use all personal data and other confidential information about the User only to provide services in accordance with the Agreement, do not transfer to third parties the documentation and information about the User in his possession, except in cases in compliance with the requirements of official authorities.
4.1.5. Ensure the confidentiality of information entered by the User when using the Internet site.
4.1.6. Transfer the Website Template to the User within 24 business hours from the receipt of payment to the Administrator’s account for the Website Template. The transfer of the Website Template is carried out exclusively to the email address registered in the Tilda Publishing service and provided by the User when purchasing the Template.
4.1.7. Advise the User on all issues related to the Internet site. The complexity of the issue, volume, and timing of consultation are determined in each specific case by the Administrator independently.
4.2. The user undertakes:
4.2.1. Use the Internet site only within the limits of those rights and in the ways provided for in the Agreement.
4.2.2. Strictly adhere to and not violate the terms of the Agreement, and also ensure the confidentiality of commercial and technical information obtained in cooperation with the Administrator.
4.2.3. Refrain from copying in any form, as well as from modifying, supplementing, distributing the Internet site, the content of the Internet site (or any part thereof), and also refrain from creating derivative objects based on it without the prior written permission of the Administrator.
4.2.4. Do not use any devices or computer programs to interfere or attempt to interfere with the normal functioning of the Internet site.
4.2.5. Immediately inform the Administrator about all facts of illegal use of the Internet site by third parties that have become known to him.
4.2.6. Before purchasing the template, pay for an account at one of the commercial rates on the Tilda Publishing website (http://www.tilda.ws/) to receive the purchased Website Template on Tilda under administrative control.
4.2.7. Provide the Administrator with data when purchasing a Template, namely: a valid email address registered with Tilda Publishing, to accept the purchased Template under independent management.
4.2.8. Use a legally acquired Website Template on Tilda from the Administrator, without violating the property and/or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, rights to trademarks, service marks and appellations of origin of goods, rights to industrial designs, rights to use images of people.
4.2.9. Do not post or transmit materials that are illegal, obscene, libelous, defamatory, threatening, pornographic, hostile, harassing, or racially or ethnically discriminatory, or encourage acts that could be considered a criminal offense or a violation of any law, as well as materials that promote the cult of violence and cruelty, and materials containing obscene language are considered unacceptable for other reasons.
4.2.10. Do not distribute advertising materials in personal messages to other Users without obtaining their prior consent to receive such materials (SPAM).
4.2.11. Comply with the terms of the User Agreement of the Tilda Publishing platform (IP Nikita Valentinovich Obukhov, OGRNIP 309 732 819 400 022), located at (https://tilda.cc/ru/terms/ ).
4.2.12. Perform other duties provided for in the Agreement.
4.3. The administrator has the right:
4.3.1. Collect information about the preferences of Users and how they use the Internet site (the most frequently used functions, settings, preferred time and duration of work with the Internet site, etc.), which is not personal data, for
5. Terms and conditions of use
5.1. Subject to the User's compliance with this Agreement, the User is granted a simple (non-exclusive) license to use the Internet site and Templates using a personal computer, mobile phone or other device, to the extent and in the manner established by the Agreement, without the right to grant sublicenses and assignment.
5.2. In accordance with the terms of the Agreement, the Administrator grants the User the right to use the Internet site in the following ways:
5.2.1. Use the Internet site to view, familiarize yourself with other records and implement other functionality of the Internet site, including by displaying the corresponding technical means of the User on a monitor (screen);
5.2.2. Briefly download into computer memory for the purpose of using the Internet site and its functionality;
5.2.3. Quote elements of user-generated content on an Internet site, indicating the source of the citation, including a link to the URL of the Internet site.
5.2.4. View and purchase Templates for use. The purchase of Templates is made through payment using electronic wallets, bank cards or payment of an invoice issued by the Administrator in the name of a legal entity or individual entrepreneur.
5.3. The user does not have the right to take the following actions when using the Internet site, as well as any components of the Internet site:
5.3.1. Modify or otherwise process the Internet site, including translation into other languages.
5.3.2. Copy, distribute or process materials and information contained on the Internet site, except in cases where this is necessary and caused by the implementation of functionality available to a specific User.
5.3.3. Violate the integrity of the security system or carry out any actions aimed at bypassing, removing or deactivating technical means of protection; use any program codes intended to distort, delete, damage, imitate or violate the integrity of the Internet site, transmitted information or protocols.
5.4. Any rights not expressly granted to the User in accordance with this Agreement are reserved by the Administrator.
5.5. The site template is transferred to the control of the User by the Administrator in “As Is” (“AS IS”) condition, without the Administrator’s warranty obligations or any obligation to eliminate defects, operational support and improvement.
5.6. The Administrator transfers the Template to the User for management to an account paid for by the User in the Tilda Publishing service at any of the commercial rates.
5.7. With regard to the content (graphic and/or text) of Website Templates on Tilda, the Administrator does not guarantee to the User that he is the owner or has the necessary licenses, rights, consent and permissions to use and grant the User the right to use all user content in accordance with this Agreement; he does not have the written consent and (or) permission of each person present in any way in the user content to use personal data (including an image, if necessary) of this person in order to post and use the user content in the manner provided for in this Agreement. All graphic and text elements are provided by the Administrator to the User for informational purposes and cannot be used for commercial or other purposes, and must be replaced with legally acquired elements.
5.8. Refunds for a Template purchased by the User from the Administrator are not made in the following cases:
5.8.1. The user does not have the right to return a used product if the appearance of the product, its consumer properties are violated, or in the absence of a document confirming the fact and terms of purchase of the specified product. (In accordance with Part 4 of Article 26.1 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 N 2300−1 (as amended on 07/13/2015) 5.8.2. Registered licenses are not subject to return and exchange according to clause. 21 of the Rules for the sale of goods by remote means, approved by Government Decree of the Russian Federation of September 27, 2007 N 612 (as amended on October 4, 2012): “the buyer does not have the right to refuse a product of good quality, having individually defined properties, if the specified product can be used exclusively the consumer purchasing it." Registered licenses include corporate registered licenses, licenses issued to a specific legal entity or individual.
6. Responsibility of the parties
6.1. The parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with Russian legislation.
6.2. The administrator does not accept responsibility for the compliance of the Internet site with the purposes of use.
6.3. The administrator is not responsible for technical interruptions in the operation of the Internet site. However, the Administrator undertakes to take all reasonable measures to prevent such interruptions.
6.4. The Administrator is not responsible for any actions of the User related to the use of the granted rights to use the Internet site; for damage of any kind incurred by the User due to loss and/or disclosure of their data or in the process of using the Internet site.
6.5. In the event that any third party makes a claim to the Administrator in connection with the User’s violation of the Agreement or current legislation, violation by the User of the rights of third parties (including intellectual property rights), the User undertakes to compensate the Administrator for all expenses and losses, including payment any compensation and other costs associated with such a claim.
6.6. The administrator is not responsible for the content of messages or materials of Users of the Internet site (user content), any opinions, recommendations or advice contained in such content. The Administrator does not pre-check the content, authenticity and safety of these materials or their components, as well as their compliance with the requirements of applicable law, and whether Users have the necessary rights to use them without fail.
7. Dispute resolution
7.1. The claim procedure for pre-trial settlement of disputes arising from this Agreement is mandatory for the Parties.
7.2. Claim letters are sent by the Parties by courier or registered mail with notification of delivery to the Party's location address.
7.3. Sending claim letters by the Parties in a manner other than specified in clause 8.2 of the Agreement is not permitted.
7.4. The period for consideration of a claim letter is 30 working days from the date of receipt of the latter by the addressee.
7.5. Disputes under this Agreement are resolved in court in the Arbitration Court of the city of Sochi.
8. Final provisions
8.1. This Agreement is governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising from relations governed by this Agreement are resolved in the manner established by the current legislation of the Russian Federation, according to the norms of Russian law. Throughout the text of this Agreement, the term “legislation” means the legislation of the Russian Federation.